(A) Action required. When the License Inspector has information that there has been a violation of any provision of this chapter by a licensee or at a licensed
, or any of the conditions required for the issuance of a license have changed, or that anything on the application for the license
have been untrue or incomplete, then the Hearing Officer shall hold a hearing in accordance with the provisions of this section.
(B) Hearing procedure. Where a hearing is required under this section, the Hearing Officer shall set the date for the hearing after no less than ten calendar days and no more than 30 calendar days after the License Inspector receives verified or otherwise credible information that a violation have occurred. The Hearing Officer shall send notice to the , licensee, or any filing a complaint with the License Inspector. The hearing shall be to make findings of fact in the matter and shall be recorded, transcribed, and conducted pursuant to KRS 13B.080-090(1)-(6), KRS 13B.100, KRS 13B.130.
(1) Notice of such hearing shall be in writing, and shall set forth the reason for the hearing or the complaint against the licensee, and shall be served upon the licensee in
or by registered or certified mail to the licensee's last known address. If the Hearing Officer is not able to serve notice upon the licensee in
, and any notice sent by mail is returned by the postal service, the County Police Chief shall cause such notice to be posted at the principal entrance of the regulated use, and such posting shall be a valid means of service.
(2) An
, licensee, or complainant shall have full right to be represented by counsel, to produce witnesses and other evidence, and to cross- examine all witnesses who appear against him. Oral evidence shall be taken only upon
or affirmation. All proceedings in such hearing shall be recorded, transcribed and conducted pursuant to KRS 13B.080-090(1)-(6), KRS 13B.100, KRS 13B.130. Witnesses
be subpoenaed, and, upon request of any party, the Hearing Officer shall issue subpoenas, and, in a proper case, subpoenas duces tecum, which shall be served and returned as in civil actions in the circuit court.
(3) The Hearing Officer shall issue findings of fact and conclusions of law and an order wherein the Hearing Officer
dismiss the complaint, or suspend or revoke a license or permit previously issued, or renew or refuse to renew a license previously issued. The Hearing Officer's order shall be served upon the
, licensee or all protesters in
or by registered or certified mail to the
, licensee's or protesters' last known address. If the Hearing Officer is not able to serve such order upon the licensee, or
, in the manner stated in this subsection, the County Police Chief shall cause such order to be posted at the principal entrance of the regulated use, and such posting shall be a valid means of service.
(4) If the Hearing Officer finds and concludes from the evidence that the
or licensee has violated any of the provisions listed in this chapter, he or she
suspend or revoke the license issued under this chapter, or in the case of a renewal application, refuse to renew such license, in accordance with the provisions of license renewal.
(C) Period of suspension. The first suspension shall be for a period of at least five business days and not more than ten business days; the second suspension within any 12-month period shall be for at least ten business days and not more than 20 business days; and the third suspension during any 12-month period shall be for at least 30 business days and not more than 60 business days.
(D) Judicial review. Any license holder aggrieved by the decision of the Hearing Officer to suspend such license under the provisions of this section seek judicial review in a manner provided by law.
(Ord. O-17-06, passed 1-3-07)